Websites on the domain kiskitrains.com are operated by the Merchant Ing. Branislav Kysel - Kiskitrains for the purpose of running an electronic store (hereinafter referred to as the "e-shop").
In the e-shop, the Merchant offers digital content - Add-ons - models of railway vehicles for a railway simulator created for Rail Simulator by Dovetail Games (DTG). The Merchant offers these AddONs as products with digital elements, delivered to the Buyer in a form other than on a physical medium.
1. Introductory provisions
1.1 These general terms and conditions (hereinafter referred to as the "GTC") regulate the rights and obligations of the contracting parties arising from the purchase contract concluded remotely between the Merchant and the Buyer, the subject of which is the purchase and sale of products from the Merchant's e-shop offer on the domain kiskitrains.com. These GTC include information for the Buyer in the position of a consumer about his rights arising from the concluded Contract according to Act No. 108/2024 Coll. on Consumer Protection and on the amendment of certain laws, as amended (hereinafter referred to as the "Consumer Protection Act") and pursuant to related applicable legal regulations on Buyer protection.
2. Definition of the terms used
2.1 The online store (e-shop) is a website located on the domain kiskitrains.com, through which the contracting parties can conclude a purchase contract remotely;
2.2 For the purposes of these GTC, the Merchant is understood to be a Merchant who conducts his business activities based on a trade license granted according to the law of the Slovak Republic and who operates the e-shop kiskitrains.com. The contact details of the Merchant are specified in point 3.5 of these GTC;
2.3 The Buyer is understood to be a natural person who, when concluding and fulfilling the Contract under these GTC, does not act within the scope of their business activity, employment, or profession (i.e., a natural person acting in the position of a consumer), or a legal entity that purchases a product in the e-shop;
2.4 Contracting parties mean the joint designation of the Merchant and the Buyer;
2.5 For the purposes of these GTC, the Contract is understood as any contract concluded between the contracting parties at a distance through the Merchant's online store on the website kiskitrains.com, the subject of which is the sale and purchase of products with digital content, agreed on the basis of a properly completed Buyer's Order sent through the Merchant's e-shop. The contract is considered concluded when the Merchant receives confirmation of the Order from the Buyer;
2.6 The Price is understood to be the sale price for the provision of the product from the Merchant's e-commerce website, which includes value-added tax at the rate set by the applicable laws of the Slovak Republic. The sale price does not include the delivery cost of the product or any other optional services;
2.7 The Delivery Price is the financial amount that the Buyer pays for the delivery of the product. Since the Merchant delivers the product via provided download link, for the purposes of these T&C, the delivery price is 0.00 EUR;
2.8 The Total Price is the sum of all sales prices of the products that the Buyer orders on the basis of the created Order in the e-shop;
2.9 VAT is value added tax according to the current legislation of the Slovak Republic (Act No. 222/2004 Coll. Value Added Tax Act);
2.10 An Order is an irrevocable proposal of the Buyer to conclude a Contract with the Merchant;
2.11 A Product means a service or goods with digital content that the Buyer can purchase in the Merchant's e-shop;
3. Information obligations of the Merchant
3.1 These GTC and the Contract are concluded in the Slovak language. In the event that these GTC are translated into a language other than Slovak, the Slovak version will be decisive for the interpretation.
3.2 For all relations related to the Contract between the Merchant and the Buyer, which are not regulated by these terms and conditions, the following applies:
a) In the case of a Contract concluded between the Merchant and the Buyer in the position of a consumer, the relevant provisions of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws (hereinafter referred to as the "Consumer Protection Act"), Act No. 40/1964 Coll. Civil Code in its valid wording (hereinafter referred to as the "Civil Code"), Act No. 22/2004 Coll. on Electronic Commerce in its valid wording (hereinafter referred to as the "Electronic Commerce Act"), Act No. 128/2002 Coll. on State Control of the Internal Market in the Area of Consumer Protection as amended, Act No. 452/2021 Coll. on Electronic Communications as amended, Act No. 391/2015 Coll. on on Alternative Consumer Dispute Resolution as amended, and provisions of other applicable generally binding legal regulations shall apply,
b) In the case of a Contract concluded between the Merchant and the Buyer in the position of an entrepreneur, the relevant provisions of Act No. 513/1991 Coll. Commercial Code and provisions of other applicable generally binding legal regulations shall apply.
3.3 The consumer and any third party are allowed to sufficiently familiarize themselves with the content of these GTC by (not only, but also) accessing their wording published on the website kiskitrains.com.
3.4 The provisions of the GTC in the version valid on the day of the conclusion of the Contract are an inseparable part of the Contract. The contractual parties may agree in writing on provisions that differ from these GTC in a specific contract. In the event that the Merchant and the Buyer conclude a written contract (including the text in electronic form) in which they agree on conditions different from these GTC, such differently agreed contractual provisions shall take precedence over these GTC, and the differently agreed conditions must not be contrary to applicable legal regulations.
3.5 Contact details of the Merchant - contact details for submitting a claim or any other initiative or complaint or message to the Merchant in connection with the products offered (communication tools enabling the consumer to quickly contact and communicate with the Merchant):
Business name: Ing. Branislav Kysel - Kiskitrains
Place of business: Partizánska 354/35, 956 18 Bošany, Slovak Republic
The entrepreneur is registered in the Trade Register maintained by the Prievidza District Office,
Registered trade no.: 340-51173
ID No.: 56 387 105
VAT ID: 1077014081
TAX ID: non-payer
Contact person: Ing. Branislav Kysel
e-mail: support@kiskitrains.com
Phone: +421 944 644 331
3.6 The supervisory authority to which the Merchant's activities are subject, in relation to the protection of Buyers in the position of consumers, is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín, Department of Supervision, tn@soi.sk, tel. no. 032/640 01 09, fax no. 032/640 01 08 (as the first-level authority).
3.7 The Merchant does not perform automated decision-making, including profiling.
3.8 The Merchant has not adopted any particular code.
3.9 Due to the nature of the offered product with digital fulfillment, the Merchant does not charge the costs of delivery, packaging, transport or any other fees.
4. Information about products, prices, availability, delivery and delivery costs
4.1 Product descriptions with digital content are provided below each photograph of the offered add-on (railway vehicle). The photograph of the product serves only as an illustration, and the color representation of the vehicle on the monitor may not exactly match the color shades perceived by the Buyer after the product is installed. The color display also depends on the quality of the monitor/display device used and is not considered a defect of the product.
4.2 The availability of the product is indicated for each product on the website (e-shop). The Merchant displays information about the usual availability in the e-shop. The actual availability of the product is confirmed to the Buyer in the electronic order confirmation.
4.3 The current and valid sale prices of products with digital content are listed for each product on the Merchant's e-shop pages, including value-added tax (VAT). Prices are valid for the duration of their publication on the e-shop.
4.4 The price is considered paid at the moment it is credited to the Merchant's bank account, or to the intermediary responsible for receiving the payment.
4.5 Unless otherwise agreed by the parties in the purchase agreement, the Merchant is obliged to deliver the product to the Buyer immediately, and no later than 24 hours from the date of the payment received.
4.6 The Buyer is not entitled to request a different method of delivery for the product.
4.7 If the Merchant fails to fulfill their obligation to deliver the product within the time frame specified in point 4.4, the Buyer is entitled to withdraw from the Contract.
4.8 A product with digital content is considered delivered to the Buyer at the moment when the relevant digital content or digital service is made available to the Buyer for download and installation, i.e. by delivering the link to the e-mail that the Buyer specifies in the order.
4.9 The Buyer is obliged to enter and check his personal data and contact information in the order. The data provided by the Buyer in the order are considered to correspond to reality.
4.10 The Merchant is not responsible for non-delivery of the product due to incorrect contact information.
4.11 If the Buyer incurs costs for the use of means of remote communication when concluding the contract (e.g. use of data), the Buyer pays these costs himself.
5. Data about products with digital content
5.1 For products with digital content, the agreed requirements and general requirements must be met by both the digital content and the digital service, regardless of whether they are provided by the Merchant or another party.
5.2 A product with digital content is in compliance with the agreed requirements if, in particular:
a) it matches the description, quantity, and quality,
b) it is suitable for the specific purpose offered by the Merchant, which the Buyer informed the Merchant about no later than at the conclusion of the contract and which the Merchant agreed to,
c) it has the defined functionality, compatibility, interoperability, or any other agreed characteristic,
d) it is delivered with all necessary accessories,
e) it is delivered with instructions for use (owner´s manual),
f) updates defined in the contract are provided, if it is a product with digital elements and if it complies with these GTC.
5.3 A product with digital content complies with general requirements if:
a) it is suitable for the purposes for which products of the same type are typically used (considering legal regulations, technical standards, or codes of conduct applicable to the relevant industry, if technical standards have not been developed),
b) it matches the description and quality of the sample or model (version or demo of the digital content) that the Merchant provided to the Buyer before the conclusion of the contract,
c) it is delivered with accessories and instructions that the Buyer can reasonably expect,
d) it has characteristics, including functionality, compatibility, safety, and the ability to maintain its functionality and performance (hereinafter referred to as "durability") under normal use, that are typical for products of the same type and that the Buyer can reasonably expect given the nature of the sold item and considering any public statements by the Merchant or another person in the same supply chain, including the manufacturer, or on their behalf, particularly in the promotion or labeling of the item; the manufacturer is considered to be the producer of the item, the importer of the item into the European Union market from a third country, or another person who is identified as the manufacturer by placing their name, trademark, or other distinguishing mark on the item.
5.4 The Merchant is not bound by the public statement referred to in paragraph 1(d) if for justified reasons, they were not aware of and could not have been aware of the public statement, if before the conclusion of the contract, the public statement was corrected in the same or a comparable manner as it was made, and if the Buyer's decision to conclude the contract could not have been influenced by the public statement; the burden of proof for these circumstances rests with the Merchant.
5.5 The Merchant supplies the product with digital content in the latest version available at the time of conclusion of the contract, unless the parties have agreed otherwise.
5.6 After the purchase of the product, the Merchant is not responsible for the delivery of further updates, including security updates, which are necessary to maintain the compatibility of the product.
5.7 The Merchant is not responsible for any damage caused to the Buyer in connection with the use of digital content. The Buyer uses the digital content at his own risk.
6. Order, order confirmation, conclusion and formation of the contract
6.1 On the e-shop pages, the Merchant publishes an offer of digital content that the Buyer can order.
6.2 The Buyer's order is a proposal for concluding a distance purchase contract, based on which a product with digital content is delivered to the Buyer for the paid purchase price.
6.3 The Buyer sends the proposal for the conclusion of the purchase contract to the Merchant on the kiskitrains.com e-shop by filling out and sending the order form.
6.4 When placing an order, the Buyer proceeds by selecting the chosen digital content product and adding it to the cart by clicking on the "Add to Cart" button. After selecting the products, the Buyer clicks on the corresponding icon to access the shopping cart page, where they review the selected digital content and click on "Review and Order." After proceeding to the "checkout" page, they fill in the billing and delivery information in the form and select the payment method.
6.5 The validity of the submitted order is contingent upon the truthful and complete filling out of all mandatory fields in the order form, including: 1) information about the selected product – i.e., Buyer details including: first name, last name, email address, phone number, and reviewing the accuracy of the entered information before submitting the order.
a) legal form (Individual)
b) billing details (name and surname, street, house number, city, postal code, country),
c) email address
6.6 Before submitting the order, the Buyer is entitled to check the correctness of the selected products, the quantity of selected products, and the accuracy of their contact details. If necessary, the Buyer has the option to make the required corrections in the order.
6.7 Before submitting the order, the Buyer is obliged to familiarize themselves with the provisions of these General Terms and Conditions (GTC). At the moment of concluding the Contract, the GTC become an integral part of the Contract. The Buyer expresses their agreement with the text of the GTC by ticking the checkbox in the area below the order form.
6.8 Before submitting the order, the Buyer must specifically consent to being informed by the Merchant that, as the product with digital content will be delivered to them based on the concluded purchase agreement, the right to withdraw from the distance contract within the 14-day period will be lost at the moment the product (Add-On) is delivered.
6.9 Before submitting the order, the Buyer is entitled to review the privacy policy, which includes information from the Merchant as the Data Processor about how the Buyer’s personal data is processed as the data subject in the case of completing the order, during the contract formation process, or in the process of further processing of personal data.
6.10 Vyplnením povinných polí formulára objednávky a odškrtnutí checkboxov o súhlase so znením VOP, a o súhlase so stratou práva na odstúpenie od zmluvy uzatvorenej na diaľku, je kupujúci povinný kliknúť na políčko „Objednať s povinnosťou platby“.
6.11 If the Buyer does not agree with the wording of these GTC or does not meet any of the conditions stated in these GTC, he is not entitled to send the order to the Merchant.
6.12 After submitting the order, the Buyer will automatically receive an order confirmation email (hereinafter referred to as the “Order Confirmation”), which contains information that the order has been received by the Merchant, but does not constitute acceptance of the offer to conclude a purchase agreement. The Merchant may verify the validity/scope of the order to eliminate errors and inaccuracies. If any reason arises that prevents the Merchant from confirming the order, the Merchant will send the Buyer a revised offer to conclude the Contract compared to the original order. (In this case, the Contract is concluded when the Buyer confirms the Merchant’s revised offer.) If the Merchant does not send an order confirmation, the order is considered unaccepted.
6.13 Order Acceptance: The Merchant will send an email to the Buyer informing them that their order has been accepted. The email will include information about the name and specification of the product, the quantity of products, price details, the address to which the digital content should be delivered (Section 4.8), and information about the total price, terms and conditions, method of product delivery, details about the Merchant (company name, business location, company identification number, registration number, etc.), and any other necessary details.
6.14 Conclusion of the contract: The purchase contract is concluded by delivery of the acceptance of the order in electronic form to the Buyer.
6.15 The Merchant declares that prior to sending the order, they have informed the Buyer in a clear, unequivocal, understandable, and unambiguous manner about pre-contractual information (regarding payment, commercial, delivery, and other conditions) by making this information available to the Buyer before the order was placed.
6.16 By proper delivery to the Buyer's email box, it is considered that full performance has been provided, which results in the termination of the Buyer's right to withdraw from the Contract.
6.17 In addition to the download link for the add-on, the email containing the digital content includes:
a) The Consumer's consent (as defined in Section 19(1)(m) of the Consumer Protection Act) to begin the delivery of digital content before the expiration of the withdrawal period and acknowledgment that they have been properly informed that by giving consent, they lose the right to withdraw from the contract.
b) a tax document – invoice.
6.18 The Merchant is not responsible for incorrect delivery of the digital fulfillment due to an incorrect delivery address of the Buyer.
7. Terms of payment
7.1 The Buyer who creates an order is obliged to click on the "Order with payment obligation" box before sending it, which explicitly confirms that he was aware that creating an order includes his obligation to pay the selling price for the product.
7.2 The price is determined by the numerical expression under each product. The stated price is final including VAT. The price does not include any additional fees (e.g. for the provision of a license, fees for the delivery of content, etc.).
7.3 The Buyer can pay the price in the following ways:
a) The Buyer will pay the price to the Merchant's account via cashless transfer using the PayPal payment system,
b) The Buyer will pay the price to the Merchant's account via cashless transfer using the payment gateway system provided by ComGate Payments, a.s., https://www.comgate.cz/cz/platebni-brana
Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267
- payment with credit/debit card (short guide how to pay: https://help.comgate.cz/v1/docs/cs/platby-kartou)
7.4 In the case of payment through a payment gateway, the Buyer is obliged to follow the instructions of the relevant operator of electronic payments.
7.5 If the Buyer does not pay the price within the due date, it is considered that the contracting parties have withdrawn from the contract and the order is cancelled.
7.6 The proof of sale, including the price, is the invoice (tax document), which is sent to the Buyer by email after payment.
8. Rights and obligations of the Merchant and the Buyer
8.1 The Buyer is required to provide accurate and precise information through the order form, including correct personal details, to facilitate the conclusion of the contract and the delivery of the selected product. The Merchant is not responsible for the creation or sending of false orders.
8.2 The Buyer is in particular obliged to pay the agreed price within the specified payment period and to comply with the terms of use for the digital content as outlined in these terms and condition.
8.3 The Merchant is required to provide the consumer with information in accordance with the relevant provisions of consumer protection law and other applicable regulations.
8.4 The Merchant is obliged to deliver the ordered digital content to the Buyer properly and on time.
8.5 The Merchant has the right to receive payment for the product in a proper and timely manner.
8.6 The Buyer has the right to receive the digital content from the Merchant properly and on time.
8.7 The Merchant is not responsible for any potential outages or malfunctions of the website.
9. Liability for defects (complaints) and exclusion of liability
9.1 The Merchant is responsible for ensuring that the product is delivered in accordance with the relevant provisions of these GTC, and that it meets the quality requirements in line with the nature of the digital content.
9.2 The Buyer is entitled to assert claims against the Merchant for defects (hereinafter referred to as a "complaint"):
a) for the provision of the product (i.e., in case the Merchant fails to deliver the product to the Buyer after payment),
b) for the quality of the product (i.e., if the Merchant does not provide the product to the Buyer as stipulated in these GTC),
9.3 The Buyer is entitled to submit a complaint to the Merchant without undue delay after discovering a defect in the provided service. Given the nature of the product, the Buyer (in the capacity of a natural person – non-entrepreneur, i.e., a consumer), in accordance with Section 505 of the Civil Code, is required to submit the complaint no later than 6 months from the day the service was provided or within 6 months from the day the service was supposed to be provided according to these General Terms and Conditions.
9.4 The Buyer can make a complaint in writing or electronically to the Merchant's contact addresses listed in point 4.5 of these GTC.
9.5 In other issues of complaints, which are not regulated by this article of the terms and conditions, the Merchant proceeds according to the provisions of the relevant legal regulations.
10. Withdrawal from the Contracty - Buyer
10.1 Withdrawal from the contract by the Buyer (who is a consumer) is governed by the provisions of the Consumer Protection Act.
10.2 The withdrawal from a distance contract, where the subject is digital content or a digital service, is subject to Section 852m paragraphs 3, 5 through 8 of the Civil Code.
10.3 The consumer has the right to withdraw from a distance contract or a contract concluded outside the Merchant's premises without stating a reason within 14 days from the date of conclusion of the contract for the supply of digital content delivered otherwise than on a tangible medium.
10.4 Given that the digital content is delivered otherwise than on a tangible medium and considering the nature of the contract concluded by the consumer at a distance, the Buyer (in the capacity of a consumer) pursuant to Section 19 paragraph 1 letter m) of the Consumer Protection Act, by providing active consent before sending the order (i.e., by checking the designated box), agrees to the commencement of the provision of digital content before the expiration of the withdrawal period and simultaneously declares that they have been properly informed that by giving consent they lose the right to withdraw from the contract.
10.5 The Buyer may withdraw from the contract if the Merchant fails to fulfill their obligation to handle the complaint within the statutory period of 30 days.
10.6 The Merchant is obliged to refund the payments to the Buyer using the same method used by the consumer for payment; this does not affect the Merchant’s right to agree with the consumer on another method of refund, provided that no additional fees are charged to the consumer in connection with the refund.
11. Withdrawal from the Contracty - Merchant
11.1 The Merchant is entitled to withdraw from the Contract due to the impossibility of delivery of performance, or due to the following reasons:
a) if it becomes evident that any of the Buyer’s statements under these GTC are false or misleading,
b) if the Buyer repeatedly fails to fulfil any of their obligations despite prior warnings from the Merchant,
c) if the Buyer’s actions result in a severe breach of these GTC,
d) also without providing a specific reason, based on the Merchant’s decision
11.2 The Merchant shall immediately inform the Buyer of the withdrawal from the contract via the email address specified in the order and, within 14 days from the notification of withdrawal from the contract, shall return to the consumer all payments received on the basis of the contract in the same way that the consumer used to pay the price.
12. Processing of personal data and their protection
12.1 Personal data of the data subject is processed when using the Merchant's e-shop, filling out the order form and concluding remote contracts.
12.2 The Merchant ensures that the processing of personal data for each data subject is lawful, fair, and transparent, in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), Act No. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Laws, as amended, and related data protection regulations.
12.3 12.3 The information obligation on the processing of personal data of the affected person has been published by the Merchant in the Privacy policy document. informáciách o spracúvaní osobných údajov.
13. Out-Of-Court / Alternative dispute resolution
13.1 In accordance with Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Laws, a consumer has the right to contact an alternative dispute resolution entity to protect their consumer rights if they believe their consumer rights have been violated in relation to the contract. The list of alternative dispute resolution entities is available on the website of the Ministry of Economy of the Slovak Republic.
13.2 The Slovak Trade Inspection is also an alternative dispute resolution body. Its address is P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava. For more information, visit: https://www.soi.sk/sk, email: ars@soi.sk., The Slovak Trade Inspection provides all relevant information on its platform here: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi, where it is also possible to submit a proposal for the initiation of alternative dispute resolution.
13.3 Consumers also have the right to file a complaint via the Online Dispute Resolution (ODR) platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm, if they believe their consumer rights have been violated in relation to the services provided by the Merchant.
13.4 According to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes, which complements Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the contact point is the European Consumer Centre Slovakia, located at Mlynské nivy 44/A, 827 15 Bratislava, Slovakia.
14. Final provisions
14.1 The Buyer declares that his legal capacity is not limited and at the same time confirms that he is able to understand the content of the concluded Contract.
14.2 The Buyer declares that he has entered his correct and complete personal and identification data when filling out the order on the Merchant's website.
14.3 The Merchant is entitled to change these GTC at any time, or supplement, even unilaterally. The Merchant will announce the change of these GTC before the corresponding change takes effect so that all Buyers are familiar with them.
14.4 Each such change to the GTC is published on the Merchant's website and delivered to the Buyer via e-mail message. Upon the entry into force and effect of the new GTC, the original GTC lose their validity and effectiveness.
14.5 If the Buyer does not agree with the new wording of the General Terms and Conditions, he is entitled to withdraw from the Contract.
14.6 If any provision of these General Terms and Conditions is in conflict with a mandatory legal regulation from which the Contracting Parties may deviate by agreement or exclude its application, it shall be deemed that the Contracting Parties have deviated from such provision of the legal regulation or have excluded the application of such provision due to the nature of the matter.
14.7 The General Terms and Conditions enter into force and effect on 23.7. 2024.